48.38(3)
(3) Time. Subject to
s. 48.355 (2d) (c) 1., the agency shall file the permanency plan with the court within 60 days after the date on which the child was first removed from his or her home, except that if the child is held for less than 60 days in a secure detention facility, juvenile portion of a county jail, or a shelter care facility, no permanency plan is required if the child is returned to his or her home within that period.
48.38(4)
(4) Contents of plan. The permanency plan shall include all of the following:
48.38(4)(ag)
(ag) The name, address, and telephone number of the child's parent, guardian, and legal custodian.
48.38(4)(am)
(am) The date on which the child was removed from his or her home and the date on which the child was placed in out-of-home care.
48.38(4)(ar)
(ar) A description of the services offered and any services provided in an effort to prevent the removal of the child from his or her home, while assuring that the health and safety of the child are the paramount concerns, and to achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of the services offered or provided with respect to a parent of the child to prevent the removal of the child from the home or to achieve the permanency plan goal of returning the child safely to his or her home if any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies to that parent.
48.38(4)(b)
(b) The basis for the decision to hold the child in custody or to place the child outside of his or her home.
48.38(4)(bm)
(bm) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the child and, if a decision is made not to place the child with an available relative, a statement as to why placement with the relative is not safe or appropriate.
48.38(4)(c)
(c) The location and type of facility in which the child is currently held or placed, and the location and type of facility in which the child will be placed.
48.38(4)(d)
(d) If the child is living more than 60 miles from his or her home, documentation that placement within 60 miles of the child's home is either unavailable or inappropriate or documentation that placement more than 60 miles from the child's home is in the child's best interests. The placement of a child in a licensed foster home or a licensed treatment foster home more than 60 miles from the child's home is presumed to be in the best interests of the child if documentation is provided which shows all of the following:
48.38(4)(d)2.
2. That the voluntary agreement provides that the child may be placed more than 60 miles from the child's home.
48.38(4)(d)3.
3. That the placement is made to facilitate the anticipated adoptive placement of the child under
s. 48.833 or
48.837.
48.38(4)(dg)
(dg) Information about the child's education, including all of the following:
48.38(4)(dg)1.
1. The name and address of the school in which the child is or was most recently enrolled.
48.38(4)(dg)2.
2. Any special education programs in which the child is or was previously enrolled.
48.38(4)(dg)3.
3. The grade level in which the child is or was most recently enrolled and all information that is available concerning the child's grade level performance.
48.38(4)(dg)4.
4. A summary of all available education records relating to the child that are relevant to any education goals included in the education services plan prepared under
s. 48.33 (1) (e).
48.38(4)(dm)
(dm) If as a result of the placement the child has been or will be transferred from the school in which the child is or most recently was enrolled, documentation that a placement that would maintain the child in that school is either unavailable or inappropriate or that a placement that would result in the child's transfer to another school would be in the child's best interests.
48.38(4)(dr)
(dr) Medical information relating to the child, including all of the following:
48.38(4)(dr)1.
1. The names and addresses of the child's physician, dentist, and any other health care provider that is or was previously providing health care services to the child.
48.38(4)(dr)2.
2. The child's immunization record, including the name and date of each immunization administered to the child.
48.38(4)(dr)3.
3. Any known medical condition for which the child is receiving medical care or treatment and any known serious medical condition for which the child has previously received medical care or treatment.
48.38(4)(dr)4.
4. The name, purpose, and dosage of any medication that is being administered to the child and the name of any medication that causes the child to suffer an allergic or other negative reaction.
48.38(4)(e)
(e) A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the child and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the child or, if available, why such services are not safe or appropriate.
48.38(4)(f)
(f) A description of the services that will be provided to the child, the child's family, and the child's foster parent, the child's treatment foster parent, the operator of the facility where the child is living, or the relative with whom the child is living to carry out the dispositional order, including services planned to accomplish all of the following:
48.38(4)(f)1.
1. Ensure proper care and treatment of the child and promote safety and stability in the placement.
48.38(4)(f)2.
2. Meet the child's physical, emotional, social, educational and vocational needs.
48.38(4)(f)3.
3. Improve the conditions of the parents' home to facilitate the safe return of the child to his or her home, or, if appropriate, obtain an alternative permanent placement for the child.
48.38(4)(fg)
(fg) The goal of the permanency plan or, if the agency is making concurrent reasonable efforts under
s. 48.355 (2b), the goals of the permanency plan. If a goal of the permanency plan is any goal other than return of the child to his or her home, the permanency plan shall include the rationale for deciding on that goal. If a goal of the permanency plan is an alternative permanent placement under
subd. 5., the permanency plan shall document a compelling reason why it would not be in the best interest of the child to pursue a goal specified in
subds. 1. to
4. The agency shall determine one or more of the following goals to be the goal or goals of a child's permanency plan:
48.38(4)(fg)4.
4. Permanent placement of the child with a fit and willing relative.
48.38(4)(fg)5.
5. Some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.
48.38(4)(fm)
(fm) If the goal of the permanency plan is to place the child for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, the efforts made to achieve that goal.
48.38(4)(g)
(g) The conditions, if any, upon which the child will be returned safely to his or her home, including any changes required in the parents' conduct, the child's conduct or the nature of the home.
48.38(4)(h)
(h) If the child is 15 years of age or over, a description of the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to independent living. The description shall include all of the following:
48.38(4)(h)1.
1. The anticipated age at which the child will be discharged from out-of-home care.
48.38(4)(h)2.
2. The anticipated amount of time available in which to prepare the child for the transition from out-of-home care to independent living.
48.38(4)(h)3.
3. The anticipated location and living situation of the child on discharge from out-of-home care.
48.38(4)(h)4.
4. A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to independent living.
48.38(4)(h)5.
5. The rationale for each program or service that is or will be provided to assist the child in preparing for the transition from out-of-home care to independent living, the time frames for delivering those programs or services, and the intended outcome of those programs or services.
48.38(5)(a)(a) Except as provided in
s. 48.63 (5) (d), the court or a panel appointed under
par. (ag) shall review the permanency plan in the manner provided in this subsection not later than 6 months after the date on which the child was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the child is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the child was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review the court shall hold a hearing under
sub. (5m) to review the permanency plan, which hearing may be instead of or in addition to the review under this subsection.
48.38(5)(ag)
(ag) If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the child or the parents of the child whose permanency plan is the subject of the review.
48.38(5)(am)
(am) The court may appoint an independent agency to designate a panel to conduct a permanency plan review under
par. (a). If the court in a county having a population of less than 500,000 appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency. If the court in a county having a population of 500,000 or more appoints an independent agency under this paragraph, the department shall authorize and contract for the purchase of services from the independent agency.
48.38(5)(b)
(b) The court or the agency shall notify the parents of the child, the child, if he or she is 12 years of age or older, and the child's foster parent, the child's treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living of the date, time, and place of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.
48.38(5)(c)
(c) The court or the panel shall determine each of the following:
48.38(5)(c)1.
1. The continuing necessity for and the safety and appropriateness of the placement.
48.38(5)(c)2.
2. The extent of compliance with the permanency plan by the agency and any other service providers, the child's parents, the child and the child's guardian, if any.
48.38(5)(c)3.
3. The extent of any efforts to involve appropriate service providers in addition to the agency's staff in planning to meet the special needs of the child and the child's parents.
48.38(5)(c)4.
4. The progress toward eliminating the causes for the child's placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child.
48.38(5)(c)5.
5. The date by which it is likely that the child will be returned to his or her home or placed for adoption, with a guardian or in some other alternative permanent placement.
48.38(5)(c)6.
6. If the child has been placed outside of his or her home, as described in
s. 48.365 (1), for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first 6 months of any period during which the child was returned to his or her home for a trial home visit, the appropriateness of the permanency plan and the circumstances which prevent the child from any of the following:
48.38(5)(c)6.b.
b. Having a petition for the involuntary termination of parental rights filed on behalf of the child.
48.38(5)(c)6.cm.
cm. Being placed in the home of a fit and willing relative of the child.
48.38(5)(c)6.d.
d. Being placed in some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.
48.38(5)(c)7.
7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies.
48.38(5)(d)
(d) Notwithstanding
s. 48.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the person representing the interests of the public, the child's counsel, the child's guardian ad litem and the child's court-appointed special advocate a copy of the permanency plan and any written comments submitted under
par. (b). Notwithstanding
s. 48.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the child's counsel, the child's guardian ad litem and the child's court-appointed special advocate may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.
48.38(5)(e)
(e) Within 30 days, the agency shall prepare a written summary of the determinations under
par. (c) and shall provide a copy to the court that entered the order, the child or the child's counsel or guardian ad litem, the person representing the interests of the public, the child's parent or guardian, the child's court-appointed special advocate and the child's foster parent, the child's treatment foster parent or the operator of the facility where the child is living.
48.38(5)(f)
(f) If the summary prepared under
par. (e) indicates that the review panel made recommendations that conflict with the court order or that provide for additional services not specified in the court order, the agency primarily responsible for providing services to the child shall request a revision of the court order.
48.38(5m)(a)(a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in
sub. (5) (c) no later than 12 months after the date on which the child was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the child is placed outside the home.
48.38(5m)(b)
(b) Not less than 30 days before the date of the hearing, the court shall notify the child; the child's parent, guardian, and legal custodian; the child's foster parent or treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.
48.38(5m)(c)
(c) Any person who is provided notice of the hearing may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in
sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, treatment foster parent, operator of a facility in which a child is living, or relative with whom a child is living who receives notice of a hearing under
par. (b) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
48.38(5m)(d)
(d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under
par. (c) to the court, to the child's parent, guardian, and legal custodian, to the person representing the interests of the public, to the child's counsel or guardian ad litem, and to the child's court-appointed special advocate. Notwithstanding
s. 48.78 (2) (a), the person representing the interests of the public, the child's counsel or guardian ad litem, and the child's court-appointed special advocate may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.
48.38(5m)(e)
(e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under
sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the child; the child's parent, guardian, and legal custodian; the child's foster parent or treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; the child's court-appointed special advocate; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in
sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference
sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.
48.38(5m)(f)
(f) If the findings of fact and conclusions of law under
par. (e) conflict with the child's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under
s. 48.363 or order a change in placement under
s. 48.357, as appropriate.
48.38(6)
(6) Rules. The department shall promulgate rules establishing the following:
48.38(6)(a)
(a) Procedures for conducting permanency plan reviews.
48.38(6)(b)
(b) Requirements for training review panels.
48.38(6)(c)
(c) Standards for reasonable efforts to prevent placement of children outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for children to return safely to their homes if they have been placed outside of their homes.
48.38(6)(d)
(d) The format for permanency plans and review panel reports.
48.38(6)(e)
(e) Standards and guidelines for decisions regarding the placement of children.
48.38 History
History: 1983 a. 399;
1985 a. 70 ss.
1,
10;
1985 a. 176;
1985 a. 292 s.
3;
1985 a. 332;
1987 a. 383;
1989 a. 31,
86,
107;
1993 a. 377,
385,
395,
446,
491;
1995 a. 27 ss.
2474 to
2478,
9126 (19);
1995 a. 77,
143,
275;
1997 a. 27,
35,
104,
237;
1999 a. 149;
2001 a. 2,
59,
69,
109.
48.38 Note
NOTE: 1993 Wis. Act 395, which affects subs. (5) and (5m), contains extensive explanatory notes.
48.38 Annotation
The time limits in sub. (3) are not a prerequisite to trial court jurisdiction. Interest of Scott Y.
175 Wis. 2d 222,
499 N.W.2d 219 (Ct. App. 1993).
48.396(1)(1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under
sub. (1b),
(1d) or
(5) or
s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under
s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under
s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and
s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under
ss. 48.78 and
938.78.
48.396(1b)
(1b) If requested by the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report, or if requested by the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian or child a copy of that report. If requested by the parent, guardian or legal custodian of a child expectant mother of an unborn child who is the subject of a law enforcement officer's report, if requested by an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if 14 years of age or over, or if requested by an unborn child through the unborn child's guardian ad litem, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian, expectant mother or unborn child by the unborn child's guardian ad litem a copy of that report.
48.396(1d)
(1d) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report or upon the written permission of the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or child in the written permission. Upon the written permission of the parent, guardian or legal custodian of a child expectant mother of an unborn child who is the subject of a law enforcement officer's report, or of an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if 14 years of age or over, and of the unborn child by the unborn child's guardian ad litem, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or expectant mother, and unborn child by the unborn child's guardian ad litem in the written permission.
48.396(2)(a)(a) Records of the court assigned to exercise jurisdiction under this chapter and
ch. 938 and of courts exercising jurisdiction under
s. 48.16 shall be entered in books or deposited in files kept for that purpose only. They shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and
ch. 938 or as permitted under this section or
s. 48.375 (7) (e).
48.396(2)(ag)
(ag) Upon request of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in
par. (a), or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child the records of the court relating to that child, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian, legal custodian or child would result in imminent danger to anyone.
48.396(2)(aj)
(aj) Upon request of the parent, guardian or legal custodian of a child expectant mother of an unborn child who is the subject of a record of a court specified in
par. (a), upon request of an expectant mother of an unborn child who is the subject of a record of a court specified in
par. (a), if 14 years of age or over, or upon request of an unborn child by the unborn child's guardian ad litem, the court shall open for inspection by the parent, guardian, legal custodian, expectant mother or unborn child by the unborn child's guardian ad litem the records of the court relating to that expectant mother, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian, legal custodian, expectant mother or unborn child by the unborn child's guardian ad litem would result in imminent danger to anyone.
48.396(2)(am)
(am) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in
par. (a), or upon the written permission of the child, if 14 years of age or over, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or child in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone.
